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Health and Social Care Bill


Health and Social Care Bill
Part 8 — The National Institute for Health and Care Excellence

194

 

225     

Commissioning guidance

(1)   

The Board may direct NICE to exercise any of the Board’s functions in relation

to the preparation of the guidance required to be published by the Board under

section 14V of the National Health Service Act 2006 (the “commissioning

guidance”).

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(2)   

A direction under subsection (1) may direct NICE to exercise the functions in

such manner and within such period as may be specified in the direction.

(3)   

If requested to do so, NICE must—

(a)   

provide the Board with information or advice on such matters

connected to the Board’s functions in respect of commissioning

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guidance as may be specified in the request, and

(b)   

disseminate commissioning guidance in such manner as may be

specified in the request.

Functions: other

226     

NICE’s charter

15

(1)   

Regulations may make provision requiring NICE to publish a document

explaining the functions of NICE and how NICE intends to exercise them

(referred to in this section as “the charter”).

(2)   

The regulations may, in particular, make provision about—

(a)   

the information to be provided in the charter,

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(b)   

the timing of preparation of the charter,

(c)   

review and revision by NICE of the charter, and

(d)   

the manner in which the charter must or may be published.

227     

Additional functions

(1)   

NICE may do any of the following—

25

(a)   

acquire, produce, manufacture and supply goods,

(b)   

acquire land by agreement and manage and deal with land,

(c)   

supply accommodation to any person,

(d)   

supply services to any person and provide new services,

(e)   

provide instruction for any person, and

30

(f)   

develop and exploit ideas and exploit intellectual property.

(2)   

But NICE may exercise a power under subsection (1) only—

(a)   

if doing so is connected with the provision of health care or social care,

and

(b)   

to the extent that its exercise does not to any significant extent interfere

35

with the performance by NICE of its functions.

(3)   

NICE may—

(a)   

charge for anything it does in the exercise of a power under

subsection (1), and

(b)   

calculate any such charge on the basis that it considers to be the

40

appropriate commercial basis.

 
 

Health and Social Care Bill
Part 8 — The National Institute for Health and Care Excellence

195

 

228     

Arrangements with other bodies

(1)   

NICE may arrange with any person or body to provide, or assist in providing,

any service which NICE is required or authorised to provide by virtue of this

Part.

(2)   

The power under this section may be exercised on such terms as may be

5

agreed, including terms as to the making of payments by or to NICE.

229     

Failure by NICE to discharge any of its functions

(1)   

The Secretary of State may give a direction to NICE if the Secretary of State

considers that NICE—

(a)   

is failing or has failed to discharge any of its functions, or

10

(b)   

is failing or has failed properly to discharge any of its functions.

(2)   

A direction under subsection (1) may direct NICE to discharge such of those

functions, and in such manner and within such period or periods, as may be

specified in the direction.

(3)   

If NICE fails to comply with a direction under subsection (1), the Secretary of

15

State may—

(a)   

discharge the functions to which it relates, or

(b)   

make arrangements for any other person to discharge them on the

Secretary of State’s behalf.

230     

Protection from personal liability

20

(1)   

Section 265 of the Public Health Act 1875 (which relates to the protection of

members and officers of certain authorities from personal liability) has effect as

if there were included in the authorities referred to in that section a reference

to NICE.

(2)   

In its application to NICE as provided for by subsection (1), section 265 of that

25

Act has effect as if any reference in that section to the Public Health Act 1875

were a reference to this Act.

Supplementary

231     

Interpretation of this Part

In this Part—

30

“the Board” means the National Health Service Commissioning Board;

“health care” has the meaning given by section 224;

“health services” has the meaning given by section 217;

“the health service” has the same meaning as in the National Health

Service Act 2006 (see section 275(1) of that Act);

35

“NHS services” has the meaning given by section 218;

“public health services” has the meaning given by section 218;

“quality standard” has the meaning given by section 218;

“social care” has the meaning given by section 217.

 
 

Health and Social Care Bill
Part 9 — Health and adult social care services: information
Chapter 1 — Information standards

196

 

232     

Dissolution of predecessor body

The Special Health Authority known as the National Institute for Health and

Clinical Excellence is abolished.

233     

Consequential provision

Schedule 16 (which contains consequential provision) has effect.

5

Part 9

Health and adult social care services: information

Chapter 1

Information standards

234     

Powers to publish information standards

10

(1)   

The Secretary of State or the National Health Service Commissioning Board

(referred to in this Chapter as “the Board”) may prepare and publish an

information standard.

(2)   

For the purposes of this Part “an information standard” is a document

containing standards in relation to the processing of information.

15

(3)   

The Secretary of State may exercise the power under subsection (1) only in

relation to information concerning, or connected with, the provision of health

services or of adult social care in England.

(4)   

The Board may exercise the power under subsection (1) only in relation to

information concerning, or connected with, the provision of NHS services.

20

(5)   

An information standard must include guidance about the implementation of

the standard.

(6)   

The following must have regard to an information standard published under

this section—

(a)   

the Secretary of State;

25

(b)   

the Board;

(c)   

any public body which exercises functions to which the information

standard relates in connection with the provision of health services or

of adult social care in England.

(7)   

In this section—

30

“adult social care”—

(a)   

includes all forms of personal care and other practical assistance

provided for individuals who by reason of age, illness,

disability, pregnancy, childbirth, dependence on alcohol or

drugs, or any other similar circumstances, are in need of such

35

care or other assistance, but

(b)   

does not include anything provided by an establishment or

agency for which Her Majesty’s Chief Inspector of Education,

Children’s Services and Skills is the registration authority

under section 5 of the Care Standards Act 2000;

40

 
 

Health and Social Care Bill
Part 9 — Health and adult social care services: information
Chapter 2 — The Health and Social Care Information Centre

197

 

“health services” means services which must or may be provided as part

of the health service in England; and for that purpose “the health

service” has the same meaning as in the National Health Service Act

2006 (see section 275(1) of that Act);

“NHS services” means services the provision of which is arranged by the

5

Board or a commissioning consortium under the National Health

Service Act 2006 (including pursuant to arrangements made under

section 12 of that Act);

“processing” has the same meaning as in the Data Protection Act 1998 (see

section 1 of that Act);

10

“public body” means a body or other person whose functions—

(a)   

are of a public nature, or

(b)   

include functions of that nature,

but in the latter case, the body or person is a public body to the extent

only of those functions.

15

235     

Information standards: supplementary

(1)   

Before publishing an information standard, the Secretary of State or the Board

must consult such persons as the Secretary of State or (as the case may be) the

Board considers appropriate.

(2)   

For the purposes of section 234 the Secretary of State or the Board may adopt

20

an information standard prepared or published by another person.

Chapter 2

The Health and Social Care Information Centre

Establishment and general duties

236     

The Health and Social Care Information Centre

25

(1)   

There is to be a body corporate known as the Health and Social Care

Information Centre (referred to in this Chapter as “the Information Centre”).

(2)   

Schedule 17 (which makes further provision about the Information Centre) has

effect.

237     

General duties

30

(1)   

In exercising its functions the Information Centre must have regard to—

(a)   

the information standards published by the Secretary of State or the

Board under section 234,

(b)   

such guidance issued by the Secretary of State as the Secretary of State

may require,

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(c)   

such guidance issued by the Board as the Board may require, and

(d)   

the need to promote the effective, efficient and economic use of

resources in the provision of health services and of adult social care in

England.

(2)   

The Information Centre must—

40

(a)   

seek to minimise the burdens it imposes on others, and

 
 

Health and Social Care Bill
Part 9 — Health and adult social care services: information
Chapter 2 — The Health and Social Care Information Centre

198

 

(b)   

exercise its functions effectively, efficiently and economically.

(3)   

In this Chapter—

“adult social care”—

(a)   

includes all forms of personal care and other practical assistance

provided for individuals who by reason of age, illness,

5

disability, pregnancy, childbirth, dependence on alcohol or

drugs, or any other similar circumstances, are in need of such

care or other assistance, but

(b)   

does not include anything provided by an establishment or

agency for which Her Majesty’s Chief Inspector of Education,

10

Children’s Services and Skills is the registration authority

under section 5 of the Care Standards Act 2000;

“health services” means services which must or may be provided as

part of the health service in England.

Functions: information systems

15

238     

Powers to direct Information Centre to establish information systems

(1)   

The Secretary of State or the Board may direct the Information Centre to

establish and operate a system for the collection, analysis and publication or

other dissemination of information of a description specified in the direction.

(2)   

A direction may be given under subsection (1) by the Secretary of State only

20

if—

(a)   

it is in respect of information which the Secretary of State considers it is

necessary or expedient for the Secretary of State to have in relation to

the exercise by the Secretary of State of the Secretary of State’s functions

in connection with the provision of health services or of adult social

25

care in England, or

(b)   

the Secretary of State otherwise considers it to be in the interests of the

health service in England or of the recipients or providers of adult

social care in England for the direction to be given.

(3)   

A direction may be given under subsection (1) by the Board only if it is in

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respect of information which the Board considers it is necessary or expedient

for the Board to have in relation to its exercise of functions in connection with

the provision of NHS services.

(4)   

In subsection (3) “NHS services” means services the provision of which is

arranged by the Board or a commissioning consortium under the National

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Health Service Act 2006 (including pursuant to arrangements made under

section 12 of that Act).

(5)   

Before giving a direction under subsection (1) the Secretary of State or (as the

case may be) the Board must consult the Information Centre.

(6)   

A function conferred by a direction given by the Secretary of State or the Board

40

under subsection (1) is subject to directions given by the Secretary of State or

(as the case may be) the Board about the Information Centre’s exercise of the

function.

 
 

 
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